NSW Caselaw
New South Wales Supreme Court
CITATION : Roads and Traffic Authority of New South Wales v Barwick [2009] NSWSC 374
HEARING DATE(S) : 10/12/08
JUDGMENT DATE : 14 May 2009
JURISDICTION : Common Law
JUDGMENT OF : Hislop J at 1
1. The appeals in respect of the proceedings in the Local Court at Sutherland are upheld. DECISION : 2. The orders of the Local Court in those proceedings are set aside. 3. Those proceedings are remitted to the Local Court at Sutherland for further determination. 4. Each party is to bear its or her costs of the appeal.
CATCHWORDS : APPEAL– local court decision – speeding offences – mistake as to applicable speed limit – held mistake of law not mistake of fact
Australian Road Rules LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Road Transport (Safety and Traffic Management) (Road Rules) Regulation
CATEGORY : Principal judgment
Ostrowski v Palmer [2004] HCA 30 CASES CITED : Proudman v Dayman (1941) 67 CLR 536 Roads and Traffic Authority of NSW v O'Reilly [2009] NSWSC 134
PARTIES : The Roads and Traffic Authority of New South Wales (Plaintiff) Gayle Marie Barwick (Defendant)
FILE NUMBER(S) : SC 14293/08
COUNSEL : L Goodchild (Plaintiff)
SOLICITORS : Hunt and Hunt Lawyers (Plaintiff) Nyman Gibson Stewart Solicitors (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Schurr LCM
LOWER COURT DATE OF DECISION : 30/06/2008
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HISLOP J
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